New Jersey Real Estate Law Questions & Answers
Q: we like a house sell by owner that we find ourselves without the help of our realtor, the seller don't want to
Leonard R. Boyer's answer
If the house is for sale by owner, there is no real estate agent involved. But you would need to have an attorney review the contract with the real estate agent. You should retain counsel to handle all matters which may arise out of this situation. Good luck.
If the house is for sale by owner, there is no real estate agent involved. But you would need to have an attorney review the contract with the real estate agent. You should retain counsel to handle all matters which may arise out of this situation. Good luck.
Q: No lease for 3 years. Told landlord looking for new place fit for husband's disability needs. Wants new 1 year lease
1 Answer
| Asked
in
Personal Injury, Real Estate Law, Landlord - Tenant and Medical Malpractice
for
New Jersey
on
Answered on Sep 28, 2016
Answered on Sep 28, 2016
Peter Munsing's answer
He has to give you a months notice. Be sure you offer October rent by end of September. Put on the check what it is for (I hope you are paying by check--money orders are a pain to prove they cashed it). If it's cashed you have another month and he has to start the process.
But he's under no obligation to you or anyone else to decide he needs a lease.
He has to give you a months notice. Be sure you offer October rent by end of September. Put on the check what it is for (I hope you are paying by check--money orders are a pain to prove they cashed it). If it's cashed you have another month and he has to start the process.
But he's under no obligation to you or anyone else to decide he needs a lease.
Q: Are we living in a non-habitable building?
Leonard R. Boyer's answer
You need to retain counsel to represent you in this matter. I have dealt with many similar situations in Jersey City, so unfortunately you are not telling me anything I have not seen far too often. Do not try to handle this yourself. Good luck.
You need to retain counsel to represent you in this matter. I have dealt with many similar situations in Jersey City, so unfortunately you are not telling me anything I have not seen far too often. Do not try to handle this yourself. Good luck.
Q: My dad bought a house and the previous owner left behind many possessions including a car. Who is the rightful owner?
Leonard R. Boyer's answer
It will depend on how long it was since the property was purchased. The prudent way to proceed is to send this person a letter and demand prompt removal of the property. If you are not personally comfortable handling this, then retain counsel. Good luck.
It will depend on how long it was since the property was purchased. The prudent way to proceed is to send this person a letter and demand prompt removal of the property. If you are not personally comfortable handling this, then retain counsel. Good luck.
Q: I left my rental house on February 1st after receiving a sheriff notice of foreclosure on January 4th.
1 Answer
| Asked
in
Foreclosure, Real Estate Law and Landlord - Tenant
for
New Jersey
on
Answered on Aug 25, 2016
Answered on Aug 25, 2016
Leonard R. Boyer's answer
Your landlord has no legal obligation to discuss the foreclosure with you. It is also not a ground to break a lease.
Your landlord has no legal obligation to discuss the foreclosure with you. It is also not a ground to break a lease.
Q: Is there a time limit on selling my dads house to finish dispersing his estate in Jersey?
Leonard R. Boyer's answer
Not specifically, but everything needs to be done in a reasonable time. You should retain counsel to help you through this and all other matters. Good luck.
Not specifically, but everything needs to be done in a reasonable time. You should retain counsel to help you through this and all other matters. Good luck.
Q: What are the financial obligations of a person granted a lifetime right to occupy a property in NJ? (not a life estate)
1 Answer
| Asked
in
Real Estate Law, Elder Law and Probate
for
New Jersey
on
Answered on Aug 9, 2016
Answered on Aug 9, 2016
Mr. Kenneth Albert Vercammen Esq.'s answer
often depends on what the will says if a will granted life tenancy.
see
Life Estate: Who Pays What?
This article provides a simple overview of the responsibilities of a life tenant in regards to a life estate. The information contained herein should not be relied upon for legal advice and an attorney should be considered when dealing with issues concerning life estates.
In New Jersey, the life tenant is solely responsible for the payment of the real estate taxes...
often depends on what the will says if a will granted life tenancy.
see
Life Estate: Who Pays What?
This article provides a simple overview of the responsibilities of a life tenant in regards to a life estate. The information contained herein should not be relied upon for legal advice and an attorney should be considered when dealing with issues concerning life estates.
In New Jersey, the life tenant is solely responsible for the payment of the real estate taxes...
Q: Seller has accepted lease that will extend past close date by 1 week without Buyers consent. What is buyers recourse?
Leonard R. Boyer's answer
While it would appear to be a situation where the buyer should be able to require and succeed in getting the lease voided, prior to taking any action, the buyer should consult with a local real estate attorney. The attorney can then review all the documents and advise the buyer on what course of action would be best. Good luck.
While it would appear to be a situation where the buyer should be able to require and succeed in getting the lease voided, prior to taking any action, the buyer should consult with a local real estate attorney. The attorney can then review all the documents and advise the buyer on what course of action would be best. Good luck.
Q: House is in foreclosure and has been for quite some time. The township is insisting that I must maintain the yard.
Leonard R. Boyer's answer
Yes, it is correct. If you don't the local code compliance dept will make your life extremely costly and uncomfortable. Have you ever considered retaining counsel and fighting the foreclosure?
Yes, it is correct. If you don't the local code compliance dept will make your life extremely costly and uncomfortable. Have you ever considered retaining counsel and fighting the foreclosure?
Q: Can siblings legally charge a realtor's fee when buying out a siblings share in a house even though it not sale
Leonard R. Boyer's answer
That is totally absurd. Depending on the amount involved, you may want to retain counsel. Good luck.
That is totally absurd. Depending on the amount involved, you may want to retain counsel. Good luck.
Q: A house near us is in foreclosure. Our agents wants us to lower our sales price to that sale price. Is that legal?
Leonard R. Boyer's answer
Why would it not be legal? Your house is in competition with every other house in NJ and in your specific location. If you do not like what the RE agent tells you, get a new one.
Why would it not be legal? Your house is in competition with every other house in NJ and in your specific location. If you do not like what the RE agent tells you, get a new one.
Q: Hi , my dad passed away in 2014 from septic shock, my mom hired a lawyer (my friend) but on the other hand my mom still
H. Scott Aalsberg Esq.'s answer
You need to setup a consultation with a lawyer, a lawyer will charge you for the advise but it sounds like it would be well worth the cost.
You need to setup a consultation with a lawyer, a lawyer will charge you for the advise but it sounds like it would be well worth the cost.
Q: I have recently divorced and we are in the process of selling our residential home.
Leonard R. Boyer's answer
You have freedom do to as you chose, but the question is what makes the most sense from a tax and financial stand point? You should have an in person consultation if you really want meaningful answers. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. Good luck.
You have freedom do to as you chose, but the question is what makes the most sense from a tax and financial stand point? You should have an in person consultation if you really want meaningful answers. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. Good luck.
Q: Can I take a person to court if they damaged the property I reside at, which I do not own. There were $600 in damages
1 Answer
| Asked
in
Family Law, Personal Injury, Real Estate Law and Small Claims
for
New Jersey
on
Answered on May 20, 2016
Answered on May 20, 2016
Q: My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable?
1 Answer
| Asked
in
Bankruptcy, Family Law, Foreclosure and Real Estate Law
for
New Jersey
on
Answered on May 19, 2016
Answered on May 19, 2016
Q: My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable?
1 Answer
| Asked
in
Real Estate Law, Bankruptcy and Foreclosure
for
New Jersey
on
Answered on May 19, 2016
Answered on May 19, 2016
Leonard R. Boyer's answer
You both share liability for anything that happens on the premises. His Bankruptcy merely wiped out any personal liability for the mortgage. Your interpretation of the law is wrong.He no longer has liability for the mortgage, but you do. Reporting it to the lender as abandoned does not solve your problems. You should retain counsel. Good luck.
You both share liability for anything that happens on the premises. His Bankruptcy merely wiped out any personal liability for the mortgage. Your interpretation of the law is wrong.He no longer has liability for the mortgage, but you do. Reporting it to the lender as abandoned does not solve your problems. You should retain counsel. Good luck.
Q: Can the seller of real property in NJ prepare the deed?
H. Scott Aalsberg Esq.'s answer
Maybe, much more information is needed to answer your question, but the real question is why would you want to take the responsibility to prepare the deed and stick your neck and assets on the line.
Maybe, much more information is needed to answer your question, but the real question is why would you want to take the responsibility to prepare the deed and stick your neck and assets on the line.
Q: How do we remove resident board members and replace with a property management company.
Leonard R. Boyer's answer
You need to consult the by-laws and retain an experienced attorney who has litigation experience in these type of matters. Good luck.
You need to consult the by-laws and retain an experienced attorney who has litigation experience in these type of matters. Good luck.
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